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Schmidt v Fairview Owners Corp.
2013 NY Slip Op 51456(U) [40 Misc 3d 140(A)]
Decided on August 23, 2013
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 23, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., RIOS and ALIOTTA, JJ
2012-1597 Q C.

Michael Schmidt, Appellant, —

against

Fairview Owners Corp., Respondent.


Appeal, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered January 31, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of only $1,663.80.


ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the cost to repair a laminated floor in his apartment, which was damaged due to a leak from defendant's air conditioning unit. Plaintiff appeals, on the ground of inadequacy, from a judgment of the Civil Court which, after a nonjury trial, awarded plaintiff the principal sum of $1,663.80. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). This standard applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 AD2d at 126). As the record supports the Civil Court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: August 23, 2013